# Non-economic damages

> Non-economic damages are losses without a price tag, such as pain, suffering and emotional distress. See how they are shown and limited after a crash.

Canonical page: https://accidentclaimfacts.com/glossary/noneconomic-damages/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

Non-economic damages are losses without a price tag, such as pain, suffering, emotional distress and loss of enjoyment of life. They sit alongside economic damages, which have a bill or a pay stub behind them.

## In a car accident claim

State law defines what counts. Texas, for example, includes physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life and injury to reputation. There is no formula for the amount. California's jury instruction puts it plainly: No fixed standard exists for deciding the amount of these noneconomic damages. Evidence usually comes from medical records, a daily journal of pain and limits, and testimony from family and friends about life before and after the crash.

Some rules limit these damages. In the 12 no-fault states, a lawsuit for pain and suffering is generally allowed only if the injury passes a serious injury threshold. In California, an injured person who owned an uninsured vehicle in the crash, or drove without proof of insurance, generally cannot recover non-economic damages such as pain and suffering. Some states also cap them in certain kinds of cases. Our guides to [pain and suffering](https://accidentclaimfacts.com/money/pain-and-suffering/) and [types of damages](https://accidentclaimfacts.com/money/types-of-damages/) explain how they are argued and valued.

## Example

> **Example:** A driver's broken leg heals in four months, but they miss a season of the recreational soccer they have played for years, sleep poorly and feel anxious behind the wheel. The bills and lost pay are economic damages. The pain, the anxiety and the lost season are non-economic damages.

## Related terms

- [Economic damages](https://accidentclaimfacts.com/glossary/economic-damages/)
- [Loss of consortium](https://accidentclaimfacts.com/glossary/loss-of-consortium/)
- [Disfigurement](https://accidentclaimfacts.com/glossary/disfigurement/)
- [Punitive damages](https://accidentclaimfacts.com/glossary/punitive-damages/)

## FAQ

### How are non-economic damages calculated?

There is no fixed formula. A jury, or the two sides in a negotiation, weighs the evidence of how the injury changed your life, including how serious it was, how long it lasted and whether it is permanent.

### Is pain and suffering the same as non-economic damages?

Pain and suffering is the best-known kind. Non-economic damages also include emotional distress, loss of enjoyment of life, disfigurement and, for a spouse, loss of consortium.

## Sources

- [Texas Legislature, Civil Practice and Remedies Code § 41.001](https://tcss.legis.texas.gov/resources/CP/htm/CP.41.htm) — definition of noneconomic damages
- [Judicial Council of California, Civil Jury Instructions (CACI), No. 3905A](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf) — no fixed standard for the amount
- [Insurance Information Institute, Background on: No-fault auto insurance](https://www.iii.org/article/background-on-no-fault-auto-insurance), checked October 29, 2026
- [California Secretary of State, Proposition 213 (1996) text adding Civil Code § 3333.4](https://vigarchive.sos.ca.gov/1996/general/pamphlet/213text.htm), checked October 29, 2026